Del. AG announces permit suspension for resource recovery facility

By Bryan Cohen | May 3, 2013

DOVER, Del. (Legal Newsline) - Delaware Attorney General Beau Biden announced the suspension on Thursday of a permit that allowed a resource recovery facility to accept, process and recycle demolition and construction waste.

Delaware Department of Natural Resources and Environmental Control Secretary Collin O'Mara issued the order for the suspension after Mike Davidson Enterprises LLC allegedly failed to address repeated environmental violations and discounted a cease and desist order. The order prohibits the Kent County-based facility from accepting any solid waste, including recyclable materials, and requires the facility to take steps to protect the environment and public health.

The permit suspension will remain in effect until Mike Davidson Enterprises demonstrates the capability of operating the resource recovery facility lawfully and in compliance with Delaware's Regulations Governing Solid Waste.

Mike Davidson Enterprises allegedly engaged in 22 environmental violations, including managing solid waste outside of permitted areas, failure to process construction and demolition waste within 72 hours, storage of recyclable materials in unapproved areas and failure to maintain proper fire protection service.

The DNREC is giving Mike Davidson Enterprises three months to make the necessary changes and will seek monetary penalties of up to $10,000 for each day the facility does not comply with the permit or the state's Regulations Governing Solid Waste. The DNREC retains the regulatory authority to grant an extension in the three-month compliance schedule if the facility shows good cause.

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